|
Welcome to Glasgow Hills Resort & Golf Club
|
The
lands and premises in Schedule
“A” attached hereto
(the “Property”)
and conveyed hereby are subject
to the following stipulations
and provisions for the benefit
of all lots in the Glasgow
Hills Resort Inc. Subdivision:
1.
No building shall be entered
on any Property other than
a detached private dwelling
home and for use of a single
family.
a.
The said dwelling house shall
be constructed on site and
no mobile home, house trailer
or modular home shalt be placed
or permitted on the Property.
b.
No dwelling house shall be
constructed, erected or stand
upon the Property or any
part thereof which will have
a ground floor area of less
than:
i. 2,200 square feet in the
case of one story dwelling.
ii. 1,500 square feet in the
case of a two story dwelling.
c.
No dwelling house shall be
constructed, erected or stand
upon the Property or any
part thereof which will have
a ground floor area of more
than:
i. 3,500 square feet in the
case of one story dwelling.
ii 2,500 square feet in the
case of a two story dwelling.
And in either case, not more
than 800 square feet of additional
ground floor area, may consist
of garage or utility area.
d.
No dwelling house shall be
constructed, erected or stand
upon the Property or any part
thereof without an attached
garage.
e.
No dwelling house shall be
constructed, erected or stand
upon the Property or any part
thereof which will have a
height in excess of 30 feet
measured from the centre of
the road adjacent to the front
of the Property.
f.
No dwelling house shall be
constructed, erected or stand
upon the Property or any part
thereof which will have a
length in excess of 85 feet
measured along a line running
parallel to the road adjacent
to the front of the Property.
2.
No house, building, fence
(including hedges), wall,
gate post, clothesline, proposed
surface and storm drainage
or other structure (an “Undertaking”)
shall be commenced,
constructed or maintained
on the Property unless the
plans, dimensions, specifications
and siting plan showing the
nature, location (including
the distances from the front,
side and rear limits), color,
materials and height of any
such Undertaking shall have
been first submitted to and
approved in writing by Glasgow
Hills Resort Inc. who may
in its discretion refuse to
approve any such plans, specifications
or siting plan which in its
opinion are unsuitable or
undesirable. Plot plans are
required to be submitted to
Glasgow Hills Resort Inc.
indicating the lot grading
design of the dwelling layout
and
proposed surface and storm
drainage and landscaping and
all other associated site
works designed and certified
by a qualified professional
in this field of work preparing
same indicated thereon. The
design of the house, its location
upon the lot, the color of
all roofs, all exterior woodwork,
siding and trim and all exterior
masonry of the buildings to
bb erected shall be approved
by Glasgow Hills Resort Inc.
in writing. In approving such
plans, specifications and
siting plans, Glasgow Hills
Resort Inc. may take into
consideration the material
and color of all roofs, exterior
walls, woodwork, windows,
hardware and lighting fixtures,
fencing, paving and landscape
details proposed and the harmony
thereof with the surroundings
and the effect of the structures
as planned on the outlook
from adjacent or neighboring
properties.
3.
Every Undertaking constructed
upon any Property shall be
constructed in a proper and
workmanlike manner and in
accordance with such approved
plans, specifications and
siting plans. Construction
is to be completed within
nine (9) months from the date
construction commences. The
grantee shall comply with
all federal and provincial
laws, regulations, by-laws
and zoning and setback requirements
in connection with the construction
of any Undertaking upon the
Property. Upon commencing
construction of the dwelling
house foundation, Glasgow
Hills Resort Inc. will provide
the services of a licensed
Prince Edward Island Surveyor
to establish the house location
of the Property, top of footing
elevation and suggested top
of the wall elevation. Every
Undertaking constructed upon
the Property shall be built
in such a manner as to ensure
consistency in setbacks, centering
and floor elevations to maximize
views, all of which shall
be determined by Glasgow Hills
Resort Inc. in its sole and
absolute discretion.
4.
The Property or any building
erected or to be erected thereon
shall not be used for the
purpose of any profession,
trade, employment, service
or manufacture or business
of any description, nor as
a school, hospital or other
charitable institution, hotel,
apartment house, rooming house
or place of public resort,
nor for any other purpose
than as a private residence
for the use of only one family
to each dwelling unit, nor
shall anything be done or
permitted upon any Property
or buildings that shall be
a nuisance to the occupants
of any neighboring property
and, notwithstanding the foregoing,
the following uses are expressly
permitted upon the property:
a.
An in-law suite shall be permitted
in any single dwelling unit,
which may include spaces specifically
designed and intended to be
used for sleeping, bathing
and cooking, but which suite
is accessible from the main
dwelling unit, provided that
it does not exceed 30% of
the gross floor area and that
it does not have direct access
to the exterior of the dwelling
house on the facade of the
building; and
b.
An office use shall be a permitted
home occupation in any single
residential dwelling unit
provided that it does not
exceed 20% of the gross floor
area and that no external
signage is used.
5.
No temporary buildings of
any kind shall at any time
be erected on the Property
other than sheds or workshops
required in connection with
the erection of permanent
buildings, which have been
authorized and on completion
of the permanent buildings
such sheds and workshops shall
be immediately removed.
6.
No fence and/or trees shall
be erected or maintained on
any Property or any part thereof
without written approval of
Glasgow Hills Resort Inc.
7.
No signs, billboards, notices
or other advertising matter
of a kind (except signs of
the size and type ordinarily
employed by real estate brokers
in the area, offering the
Property for sale) shall be
placed on any part of the
Property or upon or in any
buildings or on any fence,
tree or other structure on
the Property without the prior
written consent of Glasgow
Hills Resort Inc.
8.
No excavation shall be made
on the Property except excavations
for the purpose of
building on the same at the
time of commencement of such
building or for the improvement
of the gardens and grounds
thereof. No soil, sand or
gravel shall be
removed from the Property
except with the prior written
consent of Glasgow Hills Resort
Inc. No building waste or
other material of any kind
shall be dumped or stored
on the
Property except clean earth
for the purpose of leveling
in connection with the erection
of a building thereon or the
immediate improvement of the
ground.
9.
No living tree in excess of
2.5 inches in diameter at
ground level shall be cut
down or removed without the
consent of Glasgow Hills Resort
Inc. other than trees indicated
for removal on site and grading
plan submitted by the Grantee
and approved by Glasgow Hills
Resort Inc. for the construction
site of any building and/or
garage. If any such tree be
cut down, destroyed or removed
in contravention of this restriction,
the same will be replaced
at the expense of the Grantee.
10.
No commercial vehicle of any
kind larger than a 3/4 ton
truck or mini van shall be
parked, kept or stored upon
any part of the Property or
any public street within the
development without the written
consent of Glasgow Hills Resort
Inc. No major repairs to any
motor vehicle shall be effected
save within a wholly enclosed
garage, nor shall any derelict
or abandoned vehicles remain
upon the Property.
11.
No trailer (with or without
living, sleeping or eating
accommodation), boat, truck
in
excess of 3/4 ton, camper,
snowmobile, snowmobile trailer
or other recreational vehicle
shall be parked, kept or stored,
upon any part of the Property
unless in a wholly enclosed
garage or at a location approved
in writing by Glasgow Hills
Resort Inc.
12.
No animals other than household
pets normally permitted in
private homes in urban residential
areas shall be kept on the
Property. No breeding of pets
for sale shall be carried
out upon the Property.
13.
No items, including but not
limited to, exterior television,
radio, aerials, or satellite
T.V. systems in excess of
30” in diameter, heat
pumps, Selkirk/propane chimneys
and above ground storage tanks
may be erected or maintained
on any part of the Property
without the prior written
consent of Glasgow Hills Resort
Inc.
14.
The property shall be kept
clean, sanitary, free from
refuse, debris and fire hazard,
and contain no unsightly storage
of miscellaneous materials
at all times. No sewage is
to be placed or to remain
on any Property and no waste
material of any kind shall
be dumped or spread or allowed
to remain on any Property
except clean earth, rocks,
or gravel used for grading
or landscaping purposes.
15.
The Grantee hereby agrees
to consent to any future land
development by Glasgow Hills
Resort Inc.
16.
Glasgow Hills Resort Inc.
shall have the right to convey
to any governmental agencies
or other public authority
any part of its remaining
lands for park, recreational
or other similar purposes,
or roadways or for pipes or
conduits for sewage, drainage,
and electricity.
17.
Underground power and central
water are provided to the
lot line. These services must
continue underground to the
dwelling.
18.
The Grantee agrees to complete
the development of the Property
including but not
limited to dwelling construction,
landscaping and the driveway
which shall have a hard
covered surface (concrete,
buck, asphalt) with a material
which is not susceptible to
tracking on the street or
roadway resulting from weather
conditions and traffic onto
and
from the Property being developed
as approved by Glasgow Hills
Resort Inc. as soon as
practicable but in any event
to be completed within nine
months of the start of construction
of the dwelling.
19.
Glasgow Hills Resort Inc.
shall have the right to grade
the lands within and adjacent
to the Property as it requires
or as may be a requirement
of the Municipal Engineering
Department and the grading
shown on the approved engineering
plans until the construction
of the streets, walkways,
adjacent lots and development
of Glasgow Hills Resort Inc.
is completed or as required
from time to time for alterations
and improvements to the golf
course provided, however,
that Glasgow Hills Resort
Inc. shall be responsible
for repairing any incidental
damage caused to the Property.
20.
Ponds are Golf Course property
and are not to be used for
recreational purposes. All
golf course property is private
property with access restricted
to players or other authorized
persons so designated by the
Golf Course Management.
21.
The design and maintenance
of lawns and landscaping shall
be governed by Glasgow Hills
Resort Inc. All lawns and
the approved landscaping of
the Property lot shall be
maintained in a professional
manner by the Grantee, and
shall be extended to the street
pavement. The Grantee may
install culverts the full
width of the Property as part
of the Grantee’s landscaping
design.
22.
Glasgow Hills Resort Inc.
may at its sole and absolute
discretion, and without the
consent of the Grantee, alter,
waive or modify any of the
foregoing building and other
restrictions so long as their
substantial character is maintained.
Notwithstanding the aforementioned,
any changes to the covenants
contained herein that affect,
relate to or concern the Golf
Course or its operation shall
require the consent of Glasgow
Hills Resort Inc.
23.
All buildings, walls, structures,
driveways and landscaping
placed or maintained upon
the Property or any portion
thereon shall at all times
be maintained in good condition
and repair, including, but
not limited to, the seeding,
watering and mowing of all
lawns, the pruning and cutting
of all trees and shrubbery
and the painting (or other
appropriate external care)
of all buildings, houses or
other improvements and external
appurtenances, all in a manner
and with such frequency as
is consistent with good property
management. All property whether
occupied or unoccupied shall
be maintained in a manner
acceptable to Glasgow Hills
Resort Inc. Glasgow Hills
Resort Inc. in its sole direction,
may determine whether or not
the property is orderly. Glasgow
Hills Resort Inc. may have
any objectionable items removed
so as to restore the proper
appearance of the Property,
without liability therefore,
and charge the Grantee for
any costs incurred in the
process.
24.
Lots purchased and not built
within 12 months from the
Closing Date shall be mowed
to a reasonable height to
suit the surrounding properties
and to be approved by Glasgow
Hills Resort Inc., failing
which, the Glasgow Hills Resort
Inc. has the right to contract
maintenance of the Property
and back charge the Grantee
and the Grantee agrees to
pay such charges.
25.
Glasgow Hills Resort Inc.
shall be responsible for the
water system servicing the
lots located within the Glasgow
Hills Resort Inc. subdivision,
including the supply and
quality of water, until such
time as at least fifty-one
per cent (51%) of the lots
in the
Glasgow Hills Resort Inc.
subdivision have been sold
and a homeowners association
takes over responsibility.
Until such time, Glasgow Hills
Resort Inc. shall charge each
owner of a lot an annual fee
of $250.00 for water. Charges
become payable once an
owner of a lot has connected
to the water system.
26.
Glasgow Hills Resort Inc.
shall be responsible for maintenance
of the roads located
within the Glasgow Hills Resort
Inc. subdivisions, including
snow removal, until such
time as the roads are conveyed
to the Government of Prince
Edward Island.
27.
Golf Privileges - See Schedule
“C” continued.
So
long as the golf course continues
to operate the special privileges
of this license are as follows:
1.
Golfing privileges shall be
limited to two (2) individual
persons owning and/or residing
on the Property, designated
in writing to the golf course
operator on or before May
1 of the then current year,
(each an “Owner Golfer”).
An Owner Golfer shall be entitled
to play golf without payment
of any charge or fee except
as set out herein. The Grantee
acknowledges and agrees that
it will provide to the Grantor
or to golf course operational
representative’s proof
in a form satisfactory to
the Grantor as to the ownership
of the Property.
2.
An Owner Golfer may only have
three separate reserved Tee-off
times outstanding at any one
time during a playing season.
3. The Grantee acknowledges
that this is a public golf
course and that this is a
nonexclusive license that
shared with all entitled grantees
of property in Glasgow Hill’s
Subdivision. This license
and all privileges under this
license shall only be transferable
upon the registration of a
deed transferring the Property.
4.
The Grantee acknowledges and
agrees that the Grantor is
the owner of the golf course
and shall have the right to
amend and rescind these golf
related special privileges
in accordance with the requirements
of the golf course, including
temporary suspension of operations
due to circumstances that
affect the course, including
but not limited to, adverse
weather conditions, damage
from other sources or Acts
of God, and as determined
by the Grantor in its sole
and absolute discretion.
|
